US Immigration Updates

US Immigration Updates

What is this database?

This resource is a searchable database of US immigration updates impacting members of the Appalachian community. This is a general information summary database of select immigration updates and is not intended to be comprehensive.

This table is updated weekly on Mondays.

Please contact issso@appstate.edu if you would like to suggest an update or if you have questions or concerns regarding your specific situation.

Title Topic Population impacted Effective start date of guidance End date of guidance

DHS Re-Designates Syria for Temporary Protected Status (TPS) for 18 months

Employment
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
DACA
June 14, 2021
June 14, 2021

Updated COVID-19 Frequently Asked Questions for J-1 Exchange Visitors

Travel
Employment
Other
J-1 student
J-1 scholar
April 22, 2022
June 30, 2023

2019 Public Charge Rule Vacated and Removed

  • March 11, 2021: DHS formally removed the "Public Charge Rule" which required certain individuals applying for a visa, admission, or adjustment of status to demonstrate they will not at any time in the future become a "public charge" (receive government assistance in the form of unemployment benefits, food stamps, etc.)
  • March 9, 2021: DHS provided an update directing applicants and petitioners to no longer provide information required solely by the Public Charge Final Rule when completing USCIS forms (ISSSO will not include Public Charge information when filing H-1B petitions; personal filings of extension of stay, adjustment of status, etc. need not incude Public Charge information)
Travel
Employment
Other
H-1B
Permanent resident
DACA
March 9, 2021
Ongoing

H-1B, F and J Visa Interview Waiver Eligibility

Travel
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Dependent
December 23, 2021
December 31, 2022

DHS Designates Venezuela for Temporary Protected Status (TPS) for 18 months

  • USCIS has automatically extended the validity of Employment Authorization Documents (EADs) previously issued under the Temporary Protected Status (TPS) Venezueladesignation.
  • EADs covered by this extension are valid through March 10, 2025 and will list: An expiration date of March 10, 2024 or September 9, 2022 on the EAD, and A category code of A-12 or C-19.
  • You can find more information in the advance copy of the Federal Register notice explaining this EAD extension. The official version of the Federal Register notice will be available on USCIS’s TPS Venezuela page (en español).
  • If your EAD is covered by this automatic extension, you can use your existing EAD through March 10, 2025 as evidence of your permission to work.
Employment
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
DACA
March 9, 2021
March 10, 2025

DHS Designates Myanmar for Temporary Protected Status (TPS) for 18 months

  • Department of Homeland Security designates Myanmar (Burma) for Temporary Protected status from March 11, 2021 to September 11, 2022 
  • Citizens of Myanmar who demonstrate conintuous residence in the US as of March 11, 2021 are eligible for TPS under Myanmar's designation.
  • Individuals who are granted TPS 1) are protected from forced removal from the US (deportation), 2) can obtain special authorization to work in the US, and 3) may be granted authorization to leave and re-enter the US 
Employment
Other
F-1 student
J-1 student
J-1 scholar
H-1B
Permanent resident
Dependent
DACA
March 11, 2021
September 11, 2022

DHS Proposal to Replace Duration of Status (D/S) for F-1 students, J-1 Exchange Visitors, and their dependents

  • The Department of Homeland Security has proposed a rule to eliminate Duration of Status (D/S) for F-1 and J-1 visa holders and dependents, limiting those individuals to their program end date, not to exceed 2 or 4 years
  • Proposal would require F and J visa holders to apply for program extensions through USCIS
  • Proposed rule was frozen for review until November 14, 2021
  • Proposed rule was officially withrawn on July 6, 2021 and will not take effect. 
Immigration/Visa status
F-1 student
J-1 student
J-1 scholar
Dependent
May 14, 2021
July 6, 2021

USCIS Update Regarding Applicants Filing Form I-765 for OPT

  • Regardless of when the USCIS processes your application, your received date will reflect the date it actually arrived
  • While STEM OPT application is pending, previous I-20 with OPT Recommendation + previous EAD card can serve as work authorization documentation
  • If you have not received a receipt notice after 8 weeks of application delivery, please contact USCIS
Employment
F-1 student
February 18, 2021
Ongoing

Guidance for USCIS cases pending more than 90 days

Employment
Other
F-1 student
H-1B
February 11, 2021
Ongoing

Completing Form I-9 for Employees with Extended Work Authorization under DACA

  • When beginning new employment, employees must complete an I-9 Form and show appropriate documentation to prove their authorization to work in the US
  • DACA employees may choose to present their unexpired Form I-766, Employment Authorization Document (EAD) with Category code of C33 that was issued on or after ­­­­­July 28, 2020, along with an I-797 Extension Notice issued by USCIS that shows a one-year extension of their deferred action and work authorization
Employment
DACA
January 4, 2021
Ongoing